What's New?

This holiday season, police will be armed with a new law to detect impaired drivers.

Starting on December 18, 2018, officers throughout Canada will be able to enforce random, mandatory roadside breath tests for drivers at their discretion.

Right now, police officers’ in British Columbia use the Alco-Sensor FST to test for alcohol on the roadside. In order to administer the test on the roadside, they need to form the grounds to do so. Technically speaking, they need to have reasonable grounds to suspect that the person has alcohol in their body.

The reasonable suspicion requirement is functional on a legal level. It is in place for a purpose. That purpose is to ensure that Charter-protected rights and individual liberties are not improperly eroded.

But on December 18, 2018, this requirement will be done away with and what was once well-established criminal law will become muddied and unclear.

On October 17, 2018, cannabis was legalized in Canada and the long-standing prohibition against this controversial and powerful plant was officially over…at least on paper.

The legalization of cannabis has not come without it’s challenges.

Perhaps the most immediate - and frustrating - challenge for consumers came in the form of supply shortages.

By all accounts, it looked like the whole country was jumping on the cannabis band-wagon and going up in smoke…but this was not quite the case. The truth of the matter is that government supplies of cannabis were grossly inadequate to meet a relatively modest consumer demand.

As rumours about continued shortages swirl and other countries toy with legalizing cannabis, some have speculated that Canada may already be falling behind in this new and emerging industry.

By now, we should all know that driving a motor vehicle with cannabis in your body could result in harsh legal penalties. But what about driving with cannabis in your car?

Now that cannabis is legal, adults are able to carry up to 30 grams of cannabis or its equivalent in public places. However, when it comes to your motor vehicle, there are a number of restrictions about how that should be done in order to properly comply with the law.

Simply having cannabis in your vehicle can constitute an offence.

Here in British Columbia, the Cannabis Control and Licensing Act makes it a ticket-able offence to simply have cannabis in your vehicle, regardless of whether you are consuming it or not.

Read on to learn the three golden rules in order to (hopefully) avoid a ticket.

Now that cannabis is legal, where does it leave Canadians with criminal records for past pot convictions?

Early on the morning of legalization, October 17, 2018, Public Safety Minister Ralph Goodale held a press conference to answer that very question.

In his address, Goodale confirmed that the Liberal government will introduce legislation to allow Canadians who have received criminal sentences in relation to cannabis possession to apply for a pardon. He also confirmed that they will not have to pay a fee or wait for a specified time period following their conviction.

So why are some people saying that the Liberals are missing the mark?

The controversy lies in technical legal terminology; namely, the difference between a pardon and an expungement.

Following the actions of the Ford government in Ontario over the last few weeks, many Canadians are suddenly finding this obscure portion of the Canadian Charter of Rights and Freedoms on their minds.

Rarely used, the notwithstanding clause is somewhat shrouded in mystery. After all, it has only been invoked a handful of times in Canadian history.

The notwithstanding clause is formally known as section 33 of the Constitution Act, 1982. Simply speaking, section 33 allows Parliament and provincial or territorial legislatures to override certain parts of the charter.

It does this by declaring that one of its laws, or portions thereof, applies temporarily, which nullifies the opportunity for a judicial review of the charter-infringing action. This allows the action to take place unhindered and unmitigated for a particular period of time.

But there are some limits to its scope.

NDP MP Murray Rankin recently brought a motion to examine the notwithstanding clause before the House of Commons standing committee on justice and human rights, which was subsequently defeated by the Liberals.

With October 17, 2018, just around the corner, many Canadians are counting down the days to legalization. It won't be long before we will be able to purchase legal, recreational cannabis for the first time.

But many of us are still asking some important, practical questions about how exactly that will happen.

Criminal defence lawyer Sarah Leamon has written this blog in order to help answer some of those burning questions and provide a little bit of clarity about what you can expect in British Columbia — and how you can purchase legal cannabis — on October 17, 2018.

But whatever you decide to do on October 17, 2018, just make sure that you use cannabis responsibly and that you follow the rules!

On this episode, criminal defence lawyer Sarah Leamon is joined by special guest Jodie Emery to discuss all things cannabis leading up to legalization in Canada.

Also known as the 'Princess of Pot', Jodie Emery is an international cannabis icon. She shares her opinions with Sarah about legalization - both the positives and the negatives - and talks about the work that has yet to be done. Jodie shares her views on the role is activism and social justice in securing rights for cannabis users and provides advice for the canna-curious.

An app called DRUID, which stands for “Driving Under the Influence of Drugs”, is now available to smartphone users for a meagre download cost of just over $5. It claims to help users test for impairment by drugs, including cannabis, by using a serious of games that are designed to test decision-making skills, reaction time, object tracking, and balance.

Although there’s nothing the app can actually do to prevent impaired driving—like locking a user out of their vehicle, for example—it does provide some insight into impairment levels. If used correctly, DRUID users will get an idea of their impairment, or lack thereof, prior to making the decision to get behind the wheel.

And its timing is perfect. After all, in just one month, we can expect a big crackdown in drug-impaired driving enforcement on our highways and roads. Following legalization of weed on October 17, police will be on the lookout for cannabis-impaired drivers and will likely be eager to enforce new impaired-driving rules.

Bill C-75 aims to restrict the availability of preliminary inquiries. If it passes, they will only be available for offences committed by adults and punishable by life imprisonment. The bill also seeks to strengthen the judge’s powers to limit the range of issues that are explored in such inquiries, including the list of witnesses to be called.

Supporters of these amendments say that restricting preliminary inquiries will help to curb delays in the justice system.

But there is also evidence to suggest that restricting these inquiries may actually have the opposite effect of what is intended by Parliament; it may actually contribute to delay.

Instead of limiting access to justice by eroding the preliminary inquiry process, the government should rely on other, more practical techniques in order to combat delay and improve trial efficiency. After all, the answer to the issue of delay in our criminal justice system does not lie in a single answer. The causes of delay are multiple and varied, and a multifaceted approached should be adopted.

Sarah Leamon has been named a winner of Business in Vancouver’s 2018 Forty Under 40!

Every year, Business in Vancouver recognizes forty exceptional young entrepreneurs, executives and professionals for their outstanding achievements in leadership, community contribution, judgement and skill.

On this episode, criminal defence lawyer Sarah Leamon is joined by one special guest to talk about a wide array of cannabis issues, but with a particular focus on cannabis tourism.

Miz D, a.k.a Danielle Jackson, a.k.a. Doperah, is a Vancouver resident, born and raised. She has been in the cannabis industry for decades and is the owner and operator of a canna tourism business called Dvibz. Miz D talks about her personal experiences with cannabis use and how she has seen the plant help others. She also talks about the growing potential of canna tourism in Canada and what she thinks we will need in order to succeed as a global canna tourism destination.

The conversation touches on a wide variety of topics this month - and there are a lot of laughs to be had. So tune in...and you just might learn a thing or two!

On August 28, 2018, Sarah Leamon was interviewed by CTV News for an article on the newly approved drug testing device, the Draeger DrugTest 5000.

The Draeger DrugTest 5000 will be used by police officers for roadside screening purposes and in order to detect drivers who are possibly impaired by drugs. But there are a lot of potential problems with the device.

In the article, Sarah is quoted as saying: "I have concerns about the fact that police have never had any on-hand training with them or any experience with them," She goes on to say: "I also have concerns about whether or not they will be suitable for our Canadian environment." This is because the device doesn't work in temperatures below 4 C, and anyone who's had a drink or snack within 10 minutes may have skewed results.

This new roadside testing device is set for approval this coming October, but this time, police won’t be testing for alcohol. Instead, the Draeger DrugTest 5000 will be testing for a variety of drugs, including cannabis.

This device should—theoretically—streamline the process of detecting drugs on the roadside.

It should provide an objective basis for determining whether or not a driver has drugs in their body at the time of testing. It should be much easier for police officers to implement and provide more assurance to drivers that their results, unlike field testing, are not subject to officer discretion.

Tragic news of the recent shooting in Toronto has given many Canadians pause for thought. In the blink of an eye, gun control was at the forefront of our collective cultural conscious and at the tips of our tongues.

But gun control has been a problem in Canada long before this incident.

Statistics on gun violence in this country are growing at a rapid pace, and nearly all of our major cities are affected.

So, what’s causing all this gun violence? And more importantly, how can we put an end to it?

The short answer is that there is no easy answer.

But in order to create a safer future for tomorrow, it is essential that all levels of government—from federal to provincial to local—make gun safety and community support services a priority today.

On this episode, criminal defence lawyer Sarah Leamon is joined by two guests to discuss the a wide range of topics concerning cannabis legalization.

The first guest, Zia, has just entered the cannabis industry and is hoping to make a career for herself in it. She talks about her aspirations for the future and some of her concerns moving forward.

The second guest, Clara, is an Australian citizen who is living and working in Canada. Clara is well established in the cannabis industry. She talks about her experience working with cannabis thus far, and what its like to be a woman in weed. She also touches on international perspectives on cannabis and provides some insight about what will be needed in order for the cannabis industry to succeed in Canada.

The conversation touches on a wide variety of topics this month - from feminism to board patrol and everything in between. So tune in...and you just might learn a thing or two!

The Centre for Addiction and Mental Health is set to undertake a three-year study to determine, once and for all, how high is too high for a person to drive.

This announcement comes just three months shy of when both Bills C-45 and C-46 will be passed into law. Respectively, these bills will make recreational cannabis legal in Canada and will fundamentally alter our impaired driving laws as they relate to the drug.

Bill C-46 will create a handful of new laws with respect to cannabis impaired driving.

So did the Liberals put the cart before the horse and rush into making laws without the proper scientific research to back them up? Exactly how high is too high to drive?

While some marijuana-smoking Canadians have already thought about how they will answer questions about their consumption when crossing the border, people working in the cannabis industry may not have turned their minds to how seemingly benign questions about their employment could affect them.

A question as simple as “what do you do for a living?” could result in a lifetime ban for people who work with cannabis.

It is a scary thought…which is made all the more frightening by the sheer potential of its scope.

After all, the Canadian cannabis industry is booming.

If you receive financial remuneration for your participation or promotion of cannabis, you may be affected. People working in legal cannabis in Canada, are considered to be living off the profits of the drug trade in America.

On this episode, criminal defence lawyer Sarah Leamon is joined by two guests to discuss the bill c-46 and the future of impaired driving law in this country.

The first guest, Kelly, is a medical marijuana user. She has concerns about her ability to operate a motor vehicle and avoid a criminal record once bill c-46 is enacted.

The second guest, Cathryn Waker, is a criminal defence lawyer who specializes in impaired driving law. Cathryn has been following the bill closely and has concerns about how it will be implemented in the future. Listen in as Sarah and Cathryn dig into the nitty gritty of bill c-46 and discuss possible ways that it may be challenged through our courts.

The conversation is interesting...and you just might learn a thing or two!

According to a memorandum authored by officials at Global Affairs Canada, the government is considering options for the possible appointment of a special envoy or ambassador for gender equality. They believe that such an appointment will help to advance a feminist approach to international policy and global relations.

With cannabis legalization seemingly just around the corner, the discussion around responsible use is growing increasingly important. One of the main areas of concern has to do with cannabis use and driving.

Cannabis use has been shown to have negative short-term impacts on reaction time, motor coordination, short-term memory, divided attention, and decision-making skills. Driving following cannabis use actually increases the risk of being involved in a motor vehicle accident by 20 percent, on average.

Quite simply, cannabis impairment is impairment. When a person who is impaired by cannabis drives, they are driving while impaired.

But are wide, sweeping, potentially unconstitutional changes to our criminal laws the answer to cannabis impaired driving? Or is there a better alternative?